magistrate

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Magistrate

Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace.

The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices. The authority of these officials is restricted by statute, and jurisdiction is commonly limited to the county in which the official presides. The position may be elected or appointed, depending on the governing state statute. The exact role of the official varies by state; it may include handling hearings regarding violations of motor vehicle codes or breaches of the peace, presiding over criminal preliminary hearings, officiating marriages, and dispensing civil actions involving small sums of money.

U.S. magistrates are judicial officers appointed by the judges of federal district courts pursuant to the United States Magistrates Act (28 U.S.C.A. §§ 631 et seq.), enacted in 1968. This act was designed to reduce the workload of federal courts by replacing the old system of U.S. commissioners with a new system of U.S. magistrates. U.S. magistrates can perform more judicial functions than could U.S. commissioners. Federal magistrates may be assigned some, but not all, of the duties of a federal judge. They may serve as special masters (persons appointed by the court to carry out a particular judicial function on behalf of the court), supervise pretrial or discovery proceedings, and provide preliminary consideration of petitions for postconviction relief. U.S. magistrates generally may not decide motions to dismiss or motions for Summary Judgment, because these motions involve ultimate decision making, a responsibility and duty of the federal courts. However, if all the parties to a case agree, a federal magistrate may decide such motions and may even conduct a civil or misdemeanor criminal trial. Federal magistrates are not permitted to preside over felony trials or over jury selection in felony cases.

magistrate

n. 1) a generic term for any judge of a court, or anyone officially performing a judge's functions. 2) In a few states, an officer of the court at the lowest level which hears small claims lawsuits, serves as a judge for charges of minor crimes, and/or conducts preliminary hearings in criminal cases to determine if there is enough evidence presented by the prosecution to hold the accused for trial. 3) in Federal Courts, an official who conducts routine hearings assigned by the federal judges, including preliminary hearings in criminal cases. (See: judge, justice of the peace, preliminary hearing)

magistrate

noun arbitrator, assessor, judge, jurist, justice, legist, moderator, officer, official
See also: bench, caretaker, judge, jurist

magistrate

an inferior judge. In England and Scotland, they are primarily lay posts filled by ordinary members of the public. Stipendiary magistrates are qualified lawyers who hold the post in the busiest courts.

MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
     2. The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates of their respective states.
     3. It is the duty of all magistrates to exercise the power, vested in them for the good of the people, according to law, and with zeal and fidelity. A neglect on the part of a magistrate to exercise the functions of his office, when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; Ayl. Pand. tit. 22; Dig. 30, 16, 57; Merl. Rep. h.t.; 13 Pick. R. 523.

References in periodicals archive ?
And 12 years ago he was appointed as a stipendiary magistrate, covering courts in the Greater London area.
Glasgow is the only city in Scotland which employs stipendiary magistrates in its district courts.
The stipendiary magistrate told McDonald: "I am not entirely happy with the Crown evidence in this case.
A MAN supplied drugs so he could go to college, the Birmingham stipendiary magistrate, Mr.
Yesterday at Glasgow District Court, stipendiary magistrate John Robertson insisted on a personal appearance by Prso on October 12.
In 1872 he was appointed as stipendiary magistrate for Pontypridd and Rhondda and was described as a 'terror to malefactors' or criminals.
District Judge Andrew Shaw, sitting as a stipendiary magistrate, said the defendant had used unacceptable violence towards his wife in the context of an argument.
Stipendiary magistrate William Probert fined B&Q pounds 5,000 and ordered it to pay pounds 13,000 costs after the company admitted breaching the Health and Safety Act 1974.
Harrington, 57, was not represented when he appeared before stipendiary magistrate Nicholas Evans.
In reply to the stipendiary magistrate, Rimmer said his nerves were "all to pieces".
Stipendiary magistrate Robert Hamilton admonished McCulloch, saying: "I'm going to take a very lenient view.
District Judge Andrew Shaw, sitting as a stipendiary magistrate, rejected a bail application and the boy was remanded in custody to appear before magistrates at Wrexham next Tuesday.